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#MeToo – What is Old is New

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You have to be living under a rock if you have not heard of the #MeToo movement.  Although stories of sexual harassment in the workplace are nothing new and the law prohibiting sexual harassment has been around for almost 30 …

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The Subrogation Situation

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With increasing frequency, insurance companies that provide unit owner insurance are suing community associations to recover payments made to the unit owner that are related to water leaks in the unit. The problem with these lawsuits is two-fold. First, the …

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Penalties for Financial Reporting Violations

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In 2018, the Florida Legislature revised a provision within the Condominium Act concerning financial reporting.  Specifically, if a condominium association fails to comply with a request from the Division of Condominiums, Timeshares and Mobile Homes (the “Division”) regarding providing a …

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Performing Rights for Organizations and Associations

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So your community association has survived Hurricane Irma and completed all the repairs. In celebration of this milestone, the association decided to hold a community wide cookout with live music. The celebration was a success and thoroughly enjoyed by everyone. …

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Avoiding Defense of Selective Enforcement

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A common defense raised by owners who find themselves on the wrong side of a covenant enforcement action is to allege an association’s failure to enforce the covenant at issue against all violators and instead only selectively enforcing it. The …

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Estoppel Certificates

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Some associations are still not complying with the new laws on Estoppel Certificates which is required of condominiums, cooperatives, and homeowners associations. Prior to July 1, 2017, you only had to provide the prospective purchaser with information about the monies …

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Keeping Meeting Minutes Forever

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How long is a condominium required to keep minutes of its meetings?   Prior to July 1, 2018 the answer was seven years.  This requirement had both its pros and cons.  Likely the biggest advantage was minimizing storage requirements, as months, …

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Condos, HOAs, and Written Inquiries

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Many times I see situations where an owner sends a community a certified letter seeking the answer to questions about various issues.  The nature and manner of the responses is dictated by the type of community. The Florida Condominium Act …

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Legal Tools at Your Disposal to Make Your Responsibilities as a Board Member Easier

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I often find that there is an over-complication that some people believe goes hand-in-hand with their responsibilities in operating a condominium. Most forget that the statute and administrative code provide boards with some basic tools to assist in day to …

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Beach Access Restricted?

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Although summer is gone and fall is nearing its end, the truth is that even in the heart of winter we never truly have to wait long to enjoy the beach in Florida. The problem this year however is who …

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Why Do They Need a Key to My Unit???

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“Every man may justly consider his home his castle and himself as the king thereof; nonetheless his sovereign fiat to use his property as he pleases must yield, at least in degree, where ownership is in common or cooperation with …

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Banning Guests from a Gated Community

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Some communities have guests who are regular guests of an owner or tenant and violate the governing documents, or sometimes even violate the law by committing criminal acts. In such situations, gated communities, which have a guard 24/7 and can …

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